Miller v. Lieutenant Governor Craig Campbell et al

Filing 79

NOTICE re Consent to Modification to Allow Certification by Joe Miller (Attachments: # 1 Proposed Order)(Van Flein, Thomas)

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Miller v. Lieutenant Governor Craig Campbell et al Doc. 79 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Thomas V. Van Flein Clapp, Peterson, Van Flein, Tiemessen & Thorsness LLC 711 H S1., Suite 620 Anchorage, Alaska 99501-3454 Phone: (907) 272-9272 Facsimile: (907) 272-9586 E-mail: tvf@akcplaw.com Michael T. Morley 616 E S1.N.W. #254 Washington, D. C. 20004 Phone: (860) 778-3883 Facsimile: (907) 272-9586 E-mail: michaelmorleyesq@hotmail.com Not admitted in the U.S. District Court for the District of Alaska Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF ALASKA JOE MILLER, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No: 3: 1O-CV -00252 (RRB) 16 17 18 19 v. 20 21 22 23 24 LIEUTENANT GOVERNOR MEAD TREADWELL, in his official capacity; and DIVISION OF ELECTIONS, STATE OF ALASKA, Defendants. ------------) PLAINTIFF MILLER'S CONSENT TO MODIFICATION OF PRELIMINARY INJUNCTION TO ALLOW CERTIFICATION TO PROCEED Plaintiff Miller's Consent to Modification of Preliminary Injunction to Allow Certification to Proceed Millerv. Treadwell, No. 3:1O-CV-00252 (RRB) Page 1 25 26 Dockets.Justia.com Plaintiff Joe Miller hereby consents to modification 2 3 of the Preliminary Injunction so that With the the that this Court entered in the above-captioned case on November 19, 2010, Defendants may certify the results of the 2010 general election for U.S. Senate. election results certified, and Alaska's full congressional delegation 4 5 6 7 representing interests of Alaska's citizens in Congress, it will not be necessary to dispose of this case in an extremely expedited manner, limited discovery should be allowed to commence and proceed as necessary, and this Court can fully consider the substantial constitutional 8 9 10 11 12 13 14 15 claims Plaintiff Miller has raised. In light of the impending respectfully certification of the election results, Plaintiff Miller requests that this Court modify the Preliminary Injunction to toll his deadline remedies, including but not limited to a recount pursuant for seeking any post-certification to AS 15.20.430, or an election contest pursuant to AS 15.20.540, until after final judgment has been entered in this case and all appeals have been exhausted. Plaintiff Miller is willing to stipulate to reasonably expedited schedules for filing notices of appeal, 16 17 18 19 petitions for certiorari, or appellate briefs. Plaintiff Miller's ability to successfully assert an election appeal, or to obtain any meaningful relief in a recount, hinge in large part on the outcome of this lawsuit, but state law generally requires that such claims be brought within a few days after the official certification close of the state ballot count review, which is when 20 21 22 23 24 occurs, AS 15.15.450. See AS 15.20.430(a) Thus, it is necessary (deadline for recount), 15.20.550 (deadline for election contest). to toll the deadlines for 25 26 Plaintiff Miller's Consent to Modification of Preliminary Injunction to Allow Certification to Proceed Millerv. Treadwell, No. 3:1O-CV-00252 (RRB) Page 2 pursuing these remedies 2 3 until after this case has been definitively resolved. For these reasons, Plaintiff Miller respectfully asks that this Court modify its injunction to do so. DATED at Anchorage, Alaska, this 27th day of December 2010. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Respectfully submitted, CLAPP, PETERSON, VAN FLEIN, TIEMESSEN & THORSNESS, LLC Attorneys for Plaintiff Joe Miller By lsi Thomas V. Van Flein Thomas V. Van Flein, #9011119 John Tiemessen Michael T. Morley (not admitted in the U.S. District Court for the District of Alaska) Attorneys for Plaintiff Certificate of Service: The undersigned hereby certifies that a true and exact copy of the foregoing was served this 27th day of December 2010 via: () () () () (X) First Class Mail Hand-Delivery Facsimile E-Mail ECF to the following listed individual(s): Michael Barnhill Sarah Felix Margaret Paton-Walsh Timothy McKeever Scott Kendall By: lsi Thomas V. Van Flein_ Plaintiff Miller's Consent to Modification of Preliminary Injunction to Allow Certification to Proceed Millerv. Treadwell, No. 3:1O-CV-00252 (RRB) Page 3 20 21 22 23 24 25 26

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